STATUTORY RULES.
1945. No. 109.
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REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1943.
Dated this eleventh day of July, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
J. B. CHIFLEY
for and on behalf of the Minister of State for Defence.
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Amendment of the National Security (Supplementary) Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
Re-employments of certain pensioners by Commonwealth.
“137. Where a person to whom sub-section (4.) of section fifty of the Superannuation Act 1922-1937, or of that Act as amended, applies or applied, is or was, at any time during the war, engaged in temporary employment under the Commonwealth or under an approved authority, and that person attains, or has attained, the maximum age for retirement, the pension payable to that person shall not be suspended, or shall be deemed not to have been suspended as from—
(a) the date on which he attains, or attained, the maximum age for retirement, or
(b) the date on which he becomes, or became, so engaged in temporary employment,
whichever date is the later, but the provisions of section fifty a of the Superannuation Act 1922-1937, or of that Act as amended, shall apply, or shall be deemed to have applied, as from that later date, to that person so long as he continues, or continued, in that employment.”.
* Notified in the Commonwealth Gazette on 12th July, 1945.
† Statutory Rules 1949, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote† to Statutory Rules 1944, No. 137, and also Statutory Rules 1944, Nos. 162 and 185; and 1945, Nos. 18, 37, 47, 51, 58, 66, 67, 70 and 80.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2369.—Price 3d.
Overview
The National Security (Supplementary) Regulations 1945, enacted under the National Security Act 1939-1943, was introduced to address the unique challenges faced by the Commonwealth and its approved authorities during wartime, specifically concerning the re-employment and pension entitlements of certain pensioners. This statutory instrument was created to ensure that individuals who were engaged in temporary employment by the Commonwealth or an approved authority during the war, and who reached the maximum age for retirement, would not have their pensions suspended due to their continued employment. The regulations were made by the Governor-General in Council, acting on advice from the Minister of State for Defence, and aim to provide clarity and certainty for affected individuals regarding their pension entitlements. This legislative measure was designed to maintain the welfare of those who contributed to the national effort during the war, ensuring they were not disadvantaged by their continued employment past the usual retirement age.
Scope and Application
The regulation under the National Security Act 1939-1943 applies to certain pensioners who were engaged in temporary employment under the Commonwealth or an approved authority during the war. Specifically, it pertains to individuals who are subject to subsection (4) of section fifty of the Superannuation Act 1922-1937 or the amended version of that Act. The regulation ensures that such pensioners do not face suspension of their pension upon reaching the maximum age for retirement, provided they were engaged in temporary employment at the time of reaching this age. The regulation also ensures that the provisions of section fifty a of the Superannuation Act apply to these individuals from the later of the date they reach the retirement age or the date they commence employment, as long as they remain in that employment. This regulation has a national jurisdictional reach, as it is made under the authority of the Commonwealth of Australia. There are no explicit exclusions or exemptions mentioned in the regulation itself, though the application may be subject to further clarification or limitations through subordinate instruments or interpretations by relevant authorities.
Key Provisions
This Statutory Rule, issued under the National Security Act 1939-1943, amends the National Security (Supplementary) Regulations to include a new provision concerning the pensions of certain individuals who were engaged in temporary employment during the war. Specifically, section 137 of the Statutory Rule addresses the pensions of those who were engaged in temporary employment under the Commonwealth or an approved authority and who attained the maximum age for retirement (section 137(1)(a)). It ensures that the pension of such individuals will not be suspended from either the date they attained the retirement age or the date they began their temporary employment, whichever is later (section 137(1)(b)).
The regulation imposes obligations on pensioners who were engaged in temporary employment during the war and have reached retirement age. It mandates that their pensions should not be suspended from the later of the two dates mentioned: the date of retirement or the date of commencement of temporary employment (section 137(1)). Additionally, section 137(2) stipulates that the provisions of section fifty a of the Superannuation Act 1922-1937 will apply to these individuals as long as they remain in their temporary employment.
There are no explicit offences or penalties mentioned in the Statutory Rule for breaches of these provisions. However, the failure to comply with the terms set out in section 137 could potentially lead to legal disputes regarding pension entitlements, which might be resolved through the civil courts. The specific penalties or consequences for non-compliance are not detailed within the regulation itself, but any legal actions would likely be based on the breach of contract or statutory obligations related to pension entitlements under the Superannuation Act 1922-1937.